Thaler v. Wilhelm Griesser Construction Co.
Superior Court of Pennsylvania
Appeal, No. 175, April T., 1909, by plaintiffs, from judgment of C. P. Butler Co., Dec. T., 1903, M. L. D. No. 4, on verdict for defendant in case of August J. Thaler and William Thaler, Copartners as Thaler Brothers, v. Wilhelm Griesser Construction Company and the Butler Brewing Company. Scire facias sur mechanic’s lien. Before Galbreath, P. J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for defendant. Plaintiff appealed.
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Appeal, No. 175, April T., 1909, by plaintiffs, from judgment of C. P. Butler Co., Dec. T., 1903, M. L. D. No. 4, on verdict for defendant in case of August J. Thaler and William Thaler, Copartners as Thaler Brothers, v. Wilhelm Griesser Construction Company and the Butler Brewing Company. Scire facias sur mechanic’s lien. Before Galbreath, P. J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Morrison, J.,
It seems to be necessary to make a rather extended statement of the facts which the plaintiffs allege they could have sustained before the jury. In making the following statement we are not assuming that the alleged facts cannot be successfully contradicted, but only that the plaintiffs seemed to have made a prima facie case, provided the jury found various allegations in their favor. But the learned court below saw fit to give a binding instruction in favor of the defendants on a technicality and thus put the plaintiff out of court; hence, this appeal.
The Butler…
2Cases cited5 opinions
- Thirsk v. EvansSupreme Court of Pennsylvania · 1905
- American Car & Foundry Co. v. Alexandria Water Co.Supreme Court of Pennsylvania · 1906
- McVey v. KaufmannSupreme Court of Pennsylvania · 1909
- Este v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1905
- Day v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1908
3Cited by2 opinions
- Thaler Bros. v. Greisser Construction Co.Supreme Court of Pennsylvania · 1911
- Gerhart v. Christ, Pennsylvania Court of Common Pleas, Lancaster County1927